Public Works Committee (Meets 1st Thursday of each month at 5:00 p.m.)

PUBLIC WORKS COMMITTEE Agenda Thursday, June 6, 2022 – 5:00 p.m. Government Center Room 204 VIDEO CALL LINK: meet.google.com/pvc-pkhs-goa Dial-in option: (617) 675-4444 PIN: 412 009 121 3026# MISSION STATEMENT: “To serve as an advisory to the Superior Common Council, Departments of the City of Superior and the citizens of the City of Superior in matters of public concern under Wisconsin State Statute 62.14 and City Code 2-311.” COMMITTEE MEMBERS: Jenny Van Sickle, Ruth Ludwig, Nick Ledin, Tylor Elm 1. ROLL CALL 2. APPROVAL OF MINUTES 2.1. Public Works Committee (Meeting held May 5, 2022) 3. OLD BUSINESS 4. NEW BUSINESS 4.1. Councilor Ludwig: Discussion on how to keep our sidewalk crossings clear of snow in the wintertime 4.2. Councilor Graskey: Review of traffic concerns at North 6th Street and Grand Avenue. 4.3. 2021-2022 Season Review of Sidewalk Clearing Program 4.4. Recommendation to approve the State Municipal Agreement with the Wisconsin Department of Transportation for the Woodlawn Road Pavement Replacement Project. 4.5. Recommendation to approve a contract with Central Sheet Metal Works, Inc. for the Barker’s Island Marina Office HVAC Upgrade and Lighting Replacement Project in the amount of $254,747. 5. RECURRING BUSINESS 5.1. ESD Director’s Update 5.2. Director’s Update 5.3. Future Agenda Items 5.4. Confirm next meeting date as July 7, 2022 in Room 204 of the Government Center 6. ADJOURNMENT Notice is hereby given that a majority of the members of the Common Council may be present at the meeting, and although this may constitute a quorum of the Common Council, the Council will not take any action at this meeting. ********************************************************************************************* PUBLIC WORKS COMMITTEE – 6/2/22 Meeting Page 1 of 2 Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate in the public meeting process, please call (715) 395-7200 by 4:30 p.m. on the day prior to the scheduled meeting date (OR dial 711 for Telecommunications Relay Service). The City will attempt to accommodate any request depending on the amount of notice received. ********************************************************************************************* In compliance with Wisconsin Open Meetings Law, this agenda was posted on 5/27/22 at the following locations: Superior Government Center, Douglas County Courthouse, Superior Public Library, PACT TV, and online at https://www.ci.superior.wi.us/agendacenter. It was also emailed the Superior Telegram. PUBLIC WORKS COMMITTEE – 6/2/22 Meeting Page 2 of 2  TRAFFIC CONCERNS PUBLIC WORKS & PUBLIC SAFETY REPONSE DATE:5/13/2022 ADDRESS OR CROSS STREETS N 6th & Grand – Family Forum Headstart DESCRIBE THE PROBLEM (please include any specific details i.e., time of day, day of the week, vehicle, has this been reported before?) Initial concern to me : “I am coming to you as a parent of four, a parent of a child that goes to Family Forum Headstart Center 2 and a concerned citizen of this town. I am suggesting speed bumps or maybe a four way stop area down on 6th street and Grand Avenue near Family Forum Headstart Center 2 like there is on 5th street and Grand Avenue. Everyday there is people driving extremely fast down this street as multiple parents/family members are dropping off children ages 3 to 5 parked on the side of the street. Some people having to cross the street with these young children. This street is so unbelievably unsafe for these kids and adults because of these unsafe drivers. It's hard for some to keep their children close, let alone having to worry about speeding drivers. I am one of those parents having to hug their child tight to a car in front of their own school due to people speeding so fast down this street. Whether there be 20 cars out front at pick up/drop off or there be just one. Please do something before any of these people become a victim of a crash due to driver negligence. Thank you!” Work done in 2020: Sept 16, 2020 PW meeting we discussed sign placement at 6th and Grand. We added pedestrian crossing signs and a painted crosswalk at that location. We also added 15 mph advisory signs to the pedestrian crossing signs. PD and PW also split the cost of ordering new ped stations, not sure if those are being placed but it was requested at that location.  Sue Hagen LePage Family Support Specialist Head Start #2 518 Grand Avenue Superior, Wisconsin 54880 715-392-9848 phone 715-392-9849 fax sueh@familyforum.org David Joseph Center Manager DavidJ@familyforum.org Thor – Placed Ped Stantion on 5/13/22 and added to traffic enforcement board Ped Stantion missing/stolen as of 5/17/2022 PUBLIC SAFETY PUBLIC WORKS COMPLETED ADD TO SMARTFORCE DASHBOARD ASSESSMENT CHECKLIST: PAINT: FOG LINES, CURB CUT(S),  COLLECT CRASH DATA CROSS WALKS SPEED TRAP CONTROLS IN PLACE:  ONE WEEK ACTIVE (UNCONTROLLED, YIELDS,  ONE WEEK INACTIVE PEDESTRIAN AHEAD, STOP SIGNS) SIGNS, CONES, STANCIONS PRESENT CRASH AND SPEED REVIEW STOP SIGN GRID (N/S) MONITOR DATA TO PUBLIC WORKS (E/W) COMMITTEE MEETING; AGENDIZE ITEM FOLLOWING MONTH: SMARTFORCE GREEN INFASTRUCTURE RESPONSE REPORT: ROAD NARROWING, UPCOMING TIME, WARNINGS, CITATIONS PROJECTS, DECRORATIVE PLANTINGS, EXISTING PLANS INCREASED ENFORCEMENT, SOCIAL CONSULTATION: MEDIA CAMPAIGN METROPOLITIAN INTERSTATE COUNCIL NACTO VISION ZERO COMPREHENSIVE PLAN 2 STATE ENFORCEMENT REDUCE SPEED LIMIT COLLABRATION, CONSIDER CONTROLS/SIGN INSTALLATION SPEEDING FINES CALENDAR PARKING ANALYSIS OTHER CONSIDERATIONS: PROACTIVE: UPCOMING CONSTRUCTION PROJECTS; PREDICTIVE TRAFFIC DIVERSION ROUTES 3  Date: May 23, 2022 STATE/MUNICIPAL AGREEMENT I.D.: 8998-00-43/44 FOR A STATE- LET URBANIZED AREA STP-URBAN PROGRAM Road Name: C Superior, Woodlawn Road PROJECT Limits: 42nd St to Bardon Ave County: Douglas Roadway Length: 1,850 feet Program Name: STP-Urban Functional Classification: Collector Population Group: 50k – 200k Project Sponsor: City of Superior Sub-program #: 206 Urbanized Area: Duluth-Superior MPO Cycle: FFY 2022- Bipartisan Infrastructure Law (BIL) The signatory, City of Superior, hereinafter called the Municipality, through its undersigned duly authorized officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter called the State, to initiate and effect the highway or street improvement hereinafter described. The authority for the Municipality to enter into this agreement with the State is provided by Sections 86.25(1), (2), and (3) and Section 66.0301 of the Statutes. NEEDS AND ESTIMATE SUMMARY: All components of the project must be defined in the environmental document if any portion of the project is federally funded. The Municipality agrees to complete all participating and any non-participating work included in this improvement consistent with the environmental document. No work on final engineering and design may occur prior to approval of the environmental document. Existing Facility - Describe and give reason for request: The existing facility is a two-lane rural cross section. Pavement is asphalt with total width of 26 feet. It was last improved in 2000. There are no existing sidewalks or bicycle accommodations. The pavement has reached the end of its useful life. Proposed Improvement - Nature of work: The proposed improvement will be a rural cross section resurfacing. The pavement type will be hot mix asphalt of 1,850 feet. No additional right-of-way is anticipated. Describe non-participating work included in the project and other work necessary to completely finish the project that will be undertaken independently by the Municipality. Please note that non-participating components of a project/contract are considered part of the overall project and will be subject to applicable federal requirements: A nominal amount is included for any necessary maintenance or repair of haul roads. The Municipality agrees to the following FFY 2022 BIL Urbanized Area project funding conditions: Project ID 8998-00-43 design costs are funded 100% by the Municipality including state review of design costs. Project ID 8998-00-44 construction costs are funded with up to 80% federal funding up to a funding limit of $332,288. The Municipality agrees to provide the remaining 20% and any funds in excess of the $332,288 federal funding limit. Non-participating costs are 100% the responsibility of the Municipality. Any work performed by the Municipality prior to federal authorization is not eligible for federal funding. The Municipality will be notified by the State that the project is authorized and available for charging. PLN\LocalProgram\STP_Local_Bridge\FFY22 BIL\SMAs Page 1 of 7 ID 8998-00-43/44 NW Region  This project is currently scheduled in State Fiscal Year 2023. In accordance with the State’s sunset policy for STP-Urban projects, the subject FFY 2022 BIL STP-Urban improvement must be constructed and in final acceptance within six years from the start of State Fiscal Year 2023, or by June 30, 2028. Extensions may be available upon approval of a written request by or on behalf of the Municipality to State. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. The dollar amounts shown in the Summary of Costs Table below are estimates. The final Municipal share is dependent on the final federal participation, and actual costs will be used in the final division of cost for billing and reimbursement. In no event shall federal funding exceed the estimate of $338,288 in the Summary of Costs Table. SUMMARY OF COSTS Federal PHASE Total Est. Cost Funds % Municipal Funds % ID 8998-00-43 Design $0 0% $0 100% State Review $15,000 $0 0% $15,000 100% Project totals $15,000 $0 $15,000 ID 8998-00-44 Participating Construction $355,000 $284,000 80%* $71,000 20% + BAL Non-Participating Construction $500 $0 0% $500 100% Construction Engineering $50,360 $40,288 80% * $10,072 20% + BAL State Review $10,000 $8,000 80% * $2,000 20% + BAL Project totals $415,860 $332,288 $83,572 Total Est. Cost Distribution $430,860 $332,288 N/A $98,572 N/A *Construction ID# 8998-00-44 federal funding is limited to $332,288. This request is subject to the terms and conditions that follow (pages 2 – 7) and is made by the undersigned under proper authority to make such request for the designated Municipality and upon signature by the State and delivery to the Municipality shall constitute agreement between the Municipality and the State. No term or provision of neither the State/Municipal Agreement nor any of its attachments may be changed, waived or terminated orally but only by an instrument in writing executed by both parties to the State/Municipal Agreement. Signatures certify the content has not been altered by the municipality. Signed for and in behalf of: City of Superior (please sign in blue ink.) Name Title Date Signed for and in behalf of the State: Name Title Date GENERAL TERMS AND CONDITIONS: 1. All projects must be in an approved Transportation Improvement Program (TIP) or State Transportation Improvement Program (STIP) prior to requesting authorization. 2. Work prior to federal authorization is ineligible for federal funding. PLN\LocalProgram\STP_Local_Bridge\FFY22 BIL\SMAs Page 2 of 7 ID 8998-00-43/44 NW Region 3. The Municipality, throughout the entire project, commits to comply with and promote all applicable federal and state laws and regulations that include, but are not limited to, the following: a. Environmental requirements, including but not limited to those set forth in the 23 U.S.C. 139 and National Environmental Policy Act (42 U.S.C. 4321 et seq.) b. Equal protection guaranteed under the U.S. Constitution, WI Constitution, Title VI of the Civil Rights Act and Wis. Stat. 16.765. The municipality agrees to comply with and promote applicable Federal and State laws, Executive Orders, regulations, and implementing requirements intended to provide for the fair and equitable treatment of individuals and the fair and equitable delivery of services to the public. In addition, the Municipality agrees not to engage in any illegal discrimination in violation of applicable Federal or State laws and regulations. This includes but is not limited to Title VI of the Civil Rights Act of 1964 which provides that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The Municipality agrees that public funds, which are collected in a nondiscriminatory manner, should not be used in ways that subsidize, promote, or perpetuate illegal discrimination based on prohibited factors such as race, color, national origin, sex, age, physical or mental disability, sexual orientation, or retaliation. c. Prevailing wage requirements, including but not limited to 23 U.S.C 113. d. Buy America Provision and its equivalent state statutes, set forth in 23 U.S.C. 313 and Wis. Stat. 16.754. e. Competitive bidding and confidentiality requirements set forth in 23 U.S.C 112 and Wis. Stat. 84.06. This includes the sharing of financial data prior to the conclusion of the competitive bid period. f. All applicable Disadvantaged Business Enterprise (DBE) requirements that the State specifies. g. Federal statutes that govern the Surface Transportation Program (STP), including but not limited to 23 U.S.C. 133. h. General requirements for administering federal and state aid set forth in Wis. Stat. 84.03. STATE RESPONSIBILITIES AND REQUIREMENTS: 4. Funding of each project phase is subject to inclusion in Wisconsin’s approved FFY 2022 BIL Urbanized Area STP-Urban program. Federal funding will be limited to participation in the costs of the following items, as applicable to the project: a. The grading, base, pavement, and curb and gutter, sidewalk, and replacement of disturbed driveways in kind. b. The substructure, superstructure, grading, base, pavement, and other related bridge and approach items. c. Storm sewer mains necessary for the surface water drainage. d. Catch basins and inlets for surface water drainage of the improvement, with connections to the storm sewer main. e. Construction engineering incident to inspection and supervision of actual construction work (except for inspection, staking, and testing of sanitary sewer and water main). f. Signing and pavement marking. g. New installations or alteration of street lighting and traffic signals or devices. h. Landscaping. i. State review services for construction ID 8998-00-44. PLN\LocalProgram\STP_Local_Bridge\FFY22 BIL\SMAs Page 3 of 7 ID 8998-00-43/44 NW Region 5. The work will be administered by the State and may include items not eligible for federal participation. 6. As the work progresses, the State will bill the Municipality for work completed which is not chargeable to federal funds. Upon completion of the project, a final audit will be made to determine the final division of costs subject to project funding limits in the Summary of Costs Table. If reviews or audits show any of the work to be ineligible for federal funding, the Municipality will be responsible for any withdrawn costs associated with the ineligible work. MUNICIPAL RESPONSIBILITIES AND REQUIREMENTS: 7. Work necessary to complete the FFY 2022 BIL Urbanized Area STP-Urban improvement project to be financed entirely by the Municipality or other utility or facility owner includes the items listed below. a. New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone, telegraph, fire or police alarm facilities, parking meters, and similar utilities. b. Damages to abutting property after project completion due to change in street or sidewalk widths, grades or drainage. c. Detour routes and haul roads. The municipality is responsible for determining the detour route. d. Conditioning, if required and maintenance of detour routes. e. Repair of damages to roads or streets caused by reason of their use in hauling materials incident to the improvement. f. All work related to underground storage tanks and contaminated soils. g. Street and bridge width in excess of standards, in accordance with the current WisDOT Facilities Development Manual. h. Real estate for the improvement. i. Preliminary engineering and design. j. State review services for design ID 8998-00-43. 8. The construction of the subject improvement will be in accordance with the appropriate standards unless an exception to standards is granted by State prior to construction. The entire cost of the construction project, not constructed to standards, will be the responsibility of the Municipality unless such exception is granted. 9. Work to be performed by the Municipality without federal funding participation necessary to ensure a complete improvement acceptable to the Federal Highway Administration and/or the State may be done in a manner at the election of the Municipality but must be coordinated with all other work undertaken during construction. 10. The Municipality is responsible for financing administrative expenses related to Municipal project responsibilities. 11. The Municipality will include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in Wis. Stat.51.01 (5), sexual orientation as defined in Wis. Stat. 111.32 (13m), or national origin. 12. The Municipality will pay to the State all costs incurred by the State in connection with the improvement that exceed federal financing commitments or are ineligible for federal financing. To guarantee the Municipality’s foregoing agreements to pay the State, the Municipality, through its above duly authorized officers or officials, agrees and authorizes the State to set off and withhold the required reimbursement amount as determined by the State from any moneys otherwise due and payable by the State to the Municipality. PLN\LocalProgram\STP_Local_Bridge\FFY22 BIL\SMAs Page 4 of 7 ID 8998-00-43/44 NW Region 13. In accordance with the State’s sunset policy for Urbanized Area STP-Urban projects, the subject FFY 2022 BIL Urbanized Area STP-Urban improvement must be constructed and in final acceptance within six years from the start of State Fiscal Year 2023, or by June 30, 2028. Extensions may be available upon approval of a written request by or on behalf of the Municipality to State. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. 14. If the Municipality should withdraw the project, it will reimburse the State for any costs incurred by the State on behalf of the project. 15. The Municipality will at its own cost and expense: a. Maintain all portions of the project that lie within its jurisdiction (to include, but not limited to, cleaning storm sewers, removing debris from sumps or inlets, and regular maintenance of the catch basins, curb and gutter, sidewalks and parking lanes [including snow and ice removal]) for such maintenance in a manner consistent with reasonable industry standards, and will make ample provision for such maintenance each year. b. Regulate [or prohibit] parking at all times in the vicinity of the proposed improvements during construction. c. Regulate [or prohibit] all parking at locations where and when the pavement area usually occupied by parked vehicles will be needed to carry active traffic in the street. d. Assume general responsibility for all public information and public relations for the project and to make fitting announcement to the press and such outlets as would generally alert the affected property owners and the community of the nature, extent, and timing of the project and arrangements for handling traffic within and around the project. e. Provide complete plans, specifications, and estimates to State upon request. f. Provide relocation orders and real estate plats to State upon request. g. Use the WisDOT Utility Accommodation Policy unless it adopts a policy, which has equal or more restrictive controls. h. Provide maintenance and energy for lighting. i. Provide proper care and maintenance of all landscaping elements of the project including replacement of any plant materials damaged by disease, drought, vandalism or other cause. 16. It is further agreed by the Municipality that: a. The Municipality assumes full responsibility for the design, installation, testing and operation of any sanitary sewer and water main infrastructure within the improvement project and relieves the state and all of its employees from liability for all suits, actions, or claims resulting from the sanitary sewer and water main construction under this agreement. b. The Municipality assumes full responsibility for the plans and special provisions provided by their designer, or anyone hired, contracted or otherwise engaged by the Municipality. The Municipality is responsible for any expense or cost resulting from any error or omission in such plans or special provisions. The Municipality will reimburse State if State incurs any cost or expense in order to correct or otherwise remedy such error or omission or consequences of such error or omission. c. The Municipality will be 100% responsible for all costs associated with utility issues involving the contractor, including costs related to utility delays. d. All signs and traffic control devices and other protective structures erected on or in connection with the project including such of these as are installed at the sole cost and expense of the Municipality or by others, will be in conformity with such Manual of Uniform Traffic Control Devices as may be PLN\LocalProgram\STP_Local_Bridge\FFY22 BIL\SMAs Page 5 of 7 ID 8998-00-43/44 NW Region  adopted by the American Association of State Highway and Transportation Officials, approved by the State, and concurred with by the Federal Highway Administration. e. The right-of-way available or provided for the project will be held and maintained inviolate for public highway or street purposes. Those signs prohibited under federal aid highway regulations, posters, billboards, roadside stands, or other private installations prohibited by Federal or State highway regulations will not be permitted within the right-of-way limits of the project. The Municipality, within its jurisdictional limits, will remove or cause to be removed from the right-of-way of the project all private installations of whatever nature which may be or cause an obstruction or interfere with the free flow of traffic, or which may be or cause a hazard to traffic, or which impair the usefulness of the project and all other encroachments which may be required to be removed by the State at its own election or at the request of the Federal Highway Administration, and that no such installations will be permitted to be erected or maintained in the future. f. The Municipality is responsible for any damage caused by legally hauled loads, including permitted oversize and overweight loads. The contractor is responsible for any damage caused to haul roads if they do not obey size and weight laws, use properly equipped and maintained vehicles, and do not prevent spilling of materials onto the haul road (WisDOT Standard Specifications 618.1, 108.7, 107.8). The local maintaining authority can impose special or seasonal weight limitations as defined in Wis. Stat. 349.16, but this should not be used for the sole purpose of preventing hauling on the road. The bid item 618.0100 Maintenance and Repair of Haul Roads (project) is ineligible for federal funding on local program projects as per the State/Municipal Agreement. The repair of damages as a result of hauling materials for the project is the responsibility of the Municipality as specified in the State/Municipal Agreement Terms and Conditions under Municipal Responsibilities and Requirements. LEGAL RELATIONSHIPS: 17. The State shall not be liable to the Municipality for damages or delays resulting from work by third parties. The State also shall be exempt from liability to the Municipality for damages or delays resulting from injunctions or other restraining orders obtained by third parties. 18. The State will not be liable to any third party for injuries or damages resulting from work under or for the Project. The Municipality and the Municipality’s surety shall indemnify and save harmless the State, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Municipality and its sureties; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect or misconduct of the Municipality or its sureties; or because of any claims or amounts recovered for any infringement by the Municipality and its sureties of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Worker's Compensation Act, relating to the employees of the Municipality and its sureties; or any other law, ordinance, order or decree relating to the Municipality's operations. 19. Contract modification: This State/Municipal Agreement can only be modified by written instruments duly executed by both parties. No term or provision of either this State/Municipal Agreement or any of its attachments may be changed, waived or terminated orally. 20. Binding effects: All terms of this State/Municipal Agreement shall be binding upon and inure to the benefits of the legal representatives, successors and executors. No rights under this State/Municipal Agreement may be transferred to a third party. This State/Municipal Agreement creates no third-party enforcement rights. 21. Choice of law and forum: This State/Municipal Agreement shall be interpreted and enforced in accordance with the laws of the State of Wisconsin. The Parties hereby expressly agree that the terms contained herein, and in any deed executed pursuant to this State/Municipal Agreement are enforceable by an action in the Circuit Court of Dane County, Wisconsin. PROJECT FUNDING CONDITIONS PLN\LocalProgram\STP_Local_Bridge\FFY22 BIL\SMAs Page 6 of 7 ID 8998-00-43/44 NW Region 22. Non-appropriation of funds: With respect to any payment required to be made by the State under this State/Municipal Agreement, the parties acknowledge the State’s authority to make such payment is contingent upon appropriation of funds and required legislative approval sufficient for such purpose by the Legislature. If such funds are not so appropriated, either the Municipality or the State may terminate this State/Municipal Agreement after providing written notice not less than thirty (30) days before termination. 23. Maintenance of Records: During the term of performance of this State/Municipal Agreement, and for a period not less than three years from the date of final payment to the Municipality, records and accounts pertaining to the performance of this State/Municipal Agreement are to be kept available for inspection and audit by representatives of the Department. The Department reserves the right to audit and inspect such records and accounts at any time. The Municipality shall provide appropriate accommodations for such audit and inspection. In the event that any litigation, claim or audit is initiated prior to the expiration of said records maintenance period, the records shall be retained until such litigation, claim or audit involving the records is complete. 24. The Municipality agrees to the following FFY 2022 BIL Urbanized Area STP-Urban project funding conditions: a. ID 8998-00-43: Design is funded 100% by the Municipality. This phase includes plan development and state review. The work includes project review, approval of required reports and documents and processing the final Plan, Specification & Estimate (PS&E) document for award of the contract. Costs for this phase include an estimated amount for state review activities to be funded 100% by the Municipality. b. ID 8998-00-44: Construction: i. Costs for participating construction items are funded with 80% federal funding up to a maximum of $332,288 when the municipality agrees to provide the remaining 20% and any costs in excess of the federal funding limit. ii. Non-participating costs for any necessary maintenance or repair of haul roads are funded 100% by the Municipality. Costs include construction delivery. iii. Costs for this phase include an estimated amount for state review activities, to be funded 80% with federal funding and 20% by the Municipality. [End of Document] PLN\LocalProgram\STP_Local_Bridge\FFY22 BIL\SMAs Page 7 of 7 ID 8998-00-43/44 NW Region  CONTRACT VOLUME & BIDDING DOCUMENT- 2022 Barker’s Island Marina Office HVAC Upgrade and Lighting Replacement CITY OF SUPERIOR, WISCONSIN Linda Cadotte Parks, Recreation & Forestry Director Bid #22-18-PRF Table of Contents 1. ADVERTISEMENT TO BID ............................................................................................ 3 2. INSTRUCTIONS TO BIDDERS ...................................................................................... 4 3. BID PROPOSAL ............................................................................................................... 8 4. SUBCONTRACTORS AND SUPPLIERS LISTING ..................................................... 10 5. ADDENDA ACKNOWLEDGMENT ............................................................................. 11 6. BID BOND ...................................................................................................................... 12 7. BIDDER'S PROOF OF RESPONSIBILITY ................................................................... 13 8. AFFIDAVIT OF ORGANIZATION AND AUTHORITY.............................................. 15 9. AFFIDAVIT OF COMPLIANCE .................................................................................... 16 10. CONTRACT .................................................................................................................... 20 11. PERFORMANCE AND PAYMENT BOND .................................................................. 24 12. GENERAL SPECIFICATIONS ...................................................................................... 25 13. ENGINEER CERTIFICATION ........................................................................................ 34 14. SPECIAL PROVISIONS .................................................................................................. 35 15. CONTRACT CHANGE ORDER ..................................................................................... 36 Project Plan Set dated April 18, 2022 (9 pages) Marina Office HVAC and Lighting2 1. ADVERTISEMENT TO BID Barker’s Island Marina Office HVAC Upgrade and Lighting Replacement Sealed bids will be received by the City of Superior, at 1316 North 14th Street - 2nd Floor, Suite 200, ATTN: Contract Analyst, Superior, WI 54880. Bids will be publicly opened and read aloud in the City offices as follows: Bid Opening: Tuesday, May 17, 2022 at 2:00 PM Bid Project: The City of Superior is requesting sealed bids from qualified contractors for work at the Barker’s Island Marina. The work consists of revisions and replacement of the existing HVAC systems in the Ship Store and Shop Building. Replace existing lighting and controls in the Ship Store and Maintenance Building. Provide electrical connections to the new mechanical equipment in the Ship Store and Shop Building. These buildings are located at 250 Marina Drive, Superior, Wisconsin. There is a mandatory project site visit required to bid. Project is to be completed by December 31, 2022. All bids must be prepared on the form provided and submitted in accordance to the Instructions to Bidder. Specifications may be obtained through the internet at www.DemandStar.com. Bidding documents may be viewed at the City of Superior, Government Center, 1316 North 14th Street - 2nd Floor, Superior, Wisconsin (darwinj@ci.superior.wi.us), the Minnesota Builders Exchange (mbex.com) and the Builders Exchange of Wisconsin (bxwi.com). The contractor shall submit a list of its subcontractors as a part of its proposal, which list shall not be added to or altered without the written consent of the City of Superior, and as specified in 66.0901 Wisconsin Statutes. The City of Superior encourages the participation of women and minority owned businesses. The City of Superior reserves the right to reject any or all bids, to waive irregularities, or to accept such bids, as in the opinion of the City, will be in its best interests. Linda Cadotte Parks, Recreation & Forestry Director Daily Telegram: Friday, April 22, 2022 and Friday, April 29, 2022 Marina Office HVAC and Lighting3 2. INSTRUCTIONS TO BIDDERS 2.1 Questions regarding this bid may be directed to the City of Superior as follows: Project specifications: Daniel Fox, Ayres Associates Inc, foxd@ayresassociates.com Bidding documents: Jane Darwin, Contract Analyst, darwinj@ci.superior.wi.us. 2.2 Method of Bidding: The only acceptable method of bidding a contract with the City of Superior, Wisconsin, is described as follows and must be strictly complied with. The City of Superior reserves the right to determine the low Bidder on the basis of the Base Bid alone or the Base Bid plus any alternates or combinations of alternates, at the City’s discretion. Bids shall be valid for 60 days. Bids will only be accepted from contractors that attend the pre-bid meeting or schedule a site visit. 2.3 Bid Packet Components: Each item listed must be included with the bid submission: a) Bidders must file a PROPOSAL OR BID on the form the City has prepared. (See BID PROPOSAL Section 3.) b) Bidders shall be required to submit a list of SUBCONTRACTORS AND SUPPLIERS with their proposal in accordance with Section 66.0901(7), Wisconsin Statutes, and subsequent amendments. Such list shall not be added to nor altered without the written consent of the City of Superior. (See SUBCONTRACTORS AND SUPPLIERS LISTING Section 4.) c) Bidders shall be required to submit an ADDENDA ACKNOWLEDGMENT with their proposal. Such acknowledgment shall note acknowledgment of receipt of any and all addenda. If no addenda were issued, the bidder shall so indicate and sign document. (See ADDENDA ACKNOWLEDGMENT Section 5.) d) The bidder must file, at the time of the opening of the bids, either a BID BOND or a certified check in the amount of at least five percent (5%) of the total bid, conditioned that if the bidder is successful bidder will, within the time allotted by the City, file a properly executed contract and performance bond as per Wisconsin Statutes 62.15(3). (See BID BOND Section 6.) e) The bid proposal must have attached to it the BIDDER’S PROOF OF RESPONSIBILITY identifying the bidder’s qualifications. (See BIDDER’S PROOF OF RESPONSIBILITY Section 7.). Prospective bidders are required to furnish a statement of financial ability, equipment and experience in the work prescribed in said public contract in accordance with the provisions of Section 66.0901(2) of the Wisconsin Statutes at the time of the opening of the bids. The object of the questionnaire and the pre-qualification of bidders are to enable the City to have sufficient information regarding financial ability, equipment and experience in order to reduce the hazards involved in awarding contracts to parties not qualified to perform them and to select those contractors qualified to properly complete the work proposed. Marina Office HVAC and Lighting4  f) The bid proposal must have attached to it the AFFIDAVIT OF ORGANIZATION AND AUTHORITY identifying a corporation, partnership or sole trader. The affidavit must contain a sworn statement that the bidder has examined and carefully prepared the proposal from the plans and specifications and has checked the same in detail per Section 66.0901 (7), Wisconsin Statutes. (See AFFIDAVIT OF ORGANIZATION & AUTHORITY Section 8.) g) The bid proposal must have attached to it the AFFIDAVIT OF COMPLIANCE swearing the compliance with the criteria set forth in the Responsible Contractor Criteria in the City Code of Ordinances, Chapter 2, Article XII from the Contractor and all sub- contractors. (See AFFIDAVIT OF COMPLIANCE Section 8). h) The bid proposal packet shall be placed in an envelope and shall be sealed. ON THE ENVELOPE SHALL BE, plainly written: the date of the bid opening, the title of the project and the name of the bidder. Such envelope shall be addressed and delivered to: The City of Superior, Attn: Contract Analyst, 1316 North 14th Street - 2nd Floor, Suite 200, Superior, Wisconsin, before the time and date specified for opening bids as listed on the Advertisement to Bid. i) Wisconsin’s Public Records Law creates a statutory presumption in favor of complete access to public records and the City of Superior endeavors always to conduct its municipal affairs in strict compliance with Wisconsin Statutes §§ 19.31-19.39. Any entities or individuals who submit materials to the City of Superior in response to this request should avoid submittal of any proprietary information. 2.4 Work Site and Contract Document Examination: Bidders must satisfy themselves, by examination of the contract documents, the work site and the conditions and obstacles to be encountered in the field, and by such other means as may be necessary, as to the accuracy of the schedule of quantities of the work to be done and the intent of said contract documents. After the submission of the proposal, no complaint or claim that there was any misunderstanding as to the quantities, conditions or nature of the work will be entertained and no extra compensation shall be allowed by reason of any matter or thing concerning which such bidder might have informed himself prior to the bidding. Upon award of bid, the Contractor must execute the required Performance and Payment Bond in the total amount of the bid. (see PERFORMANCE AND PAYMENT BOND Section 11.) 2.5 Time of Performance: When not otherwise specified, the bidder must state in the proposal, the least number of calendar days (counting weekends and holidays), after date to commence work given in the Notice to Proceed, in which bidder will start construction and the number of calendar days (counting weekends and holidays), after date to commence work given in the Notice to Proceed, in which bidder will fully complete the Marina Office HVAC and Lighting5  work as specified. The bidder should make due allowance for all probable difficulties which may be encountered. In the event of failure to complete the work within the time stated or otherwise specified, liquidated damages will be assessed as provided in the specifications. 2.6 Quantities: The estimated quantities of the work are the result of careful calculations but are not to be considered as final. Such estimates will be used as a basis for determining the lowest bidder. After the contract is awarded, the quantity of work listed under any item, or all items, may be increased or decreased according to the specifications at the discretion of the City of Superior without in any way invalidating the bid price (see CONTRACT CHANGE ORDER Section 15). 2.7 Bid Prices: Bidders must submit a bid price, in accordance with the specifications, for each item of the job or branch, in compliance with the bidding units specified for the quantities listed in the proposal. Bid prices must be written out in words and also entered in figures. In case of conflict, the written word prices will prevail. Totals must be shown based on unit cost and quantity. In case figures do not match, the figure resulting in the lower price shall be deemed the price intended and applicable. 2.8 Inadequacies and Omissions: The City of Superior will not be responsible for verbal information or statements made by representatives of the Engineering Department, or any other department for which work will be performed. Bidders shall bring any inadequacies, omissions or conflicts to the attention of the City of Superior before the due date for bids. Prompt written clarification will be immediately supplied to all bidders by Addenda before the due date for bids and each Addendum shall be acknowledged on the Addenda Acknowledgment form. Failure to so request clarification of any inadequacy, omission or conflict will not relieve the Contractor of responsibility. 2.9 No Double Bidding: Two (2) or more proposals under different names will not be accepted from one firm or association. 2.10 Partial Bidding: Bidders must quote on all items appearing on the bid forms unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items, unless specifically exempted as set forth above, shall disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. 2.11 Right of Waiver or Rejection: The City reserves the right to reject any or all bids or waive any defects found in bids or proposals submitted. 2.12 Wage Rates: This Project is not subject to Prevailing Wage Rates. 2.13 Pre-Bid Conference: Each contractor will be required to EITHER attend the pre-bid Marina Office HVAC and Lighting6  meeting on Tuesday, May 10, 2022 at 3:00 PM OR schedule a site visit between May 2 and May 9, 2022 in order to bid this project. Schedule your visit with Eric Thomas at ethomas@barkers-island-marina.com or 218-590-8074. Deadline for questions is Wednesday, May 11, 2022. All questions should be emailed to the City of Superior Contract Analyst at: darwinj@ci.superior.wi.us. The final addendum(s) will be issued by Friday, May 13, 2022. 2.14 Contract Documents: Upon award of the bid the contract documents will consist of the Advertisement to Bid, Instructions to Bidders, Bid Proposal, Subcontractors & Suppliers Listing, Addenda Acknowledgment, Bid Bond, Bidder's Proof of Responsibility, Affidavit of Organization & Authority, Contract, Affidavit of Compliance(s), Performance and Payment Bond, Certificate of Insurance as required, General Specifications, Special Provisions, Plan Set dated 4-18-2022, and include all other herein bound attachments and modifications thereof incorporated in the documents as prepared by the City of Superior. Marina Office HVAC and Lighting7 ORDINANCE #O20-4178 ORDINANCE INTRODUCED BY MAYOR JIM PAINE REPEALING SECTION 2, ARTICLE XII PUBLIC WORKS PROJECTS AND RECREATING SECTION 2, ARTICLE XII RESPONSIBLE CONTRACTOR CRITERIA The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1. Chapter 2, Article XII, Public Works Projects of the City Code of Ordinances is hereby repealed and recreated as follows: ARTICLE XII. RESPONSIBLE CONTRACTOR CRITERIA Section 2-468. Purpose. Pursuant to Wis. Stats. § 66.0901, whenever the city lets public work by contract, the contract must be awarded to the lowest qualified responsible contractor. What constitutes a qualified responsible contractor is a determination that requires the exercise of discretion by the city and its departments, officials or employees under reasonably consistent responsible contractor criteria when exercising its discretion. Section 2 -469. Definitions. In this section, the following definitions shall apply. “Contractor” means a person, corporation, partnership or any other business entity that performs work on a Public Works contract as a general contractor, prime contractor or subcontractor at any tier. “Apprenticeship program” means an apprenticeship program that is currently approved by the U.S. Department of Labor or a state apprenticeship agency and has graduated apprentices to journeyperson status for three years. “Public Works contract” means a contract for the construction, alteration, execution, repair, remodeling or improvement of a public work or building, where the contract is in excess of $25,000 and is required to be bid pursuant to Wis. Stats. § 59.52(29). “Qualified contractor (Bidder)” means a person, corporation, partnership or any other business entity that meets the requirements specified in this ordinance as well as the criteria specified in Wis. Stats. 16.855 (9m) (b) (1) (a & b) Section 2-470 Responsible Contractor Criteria. In order to be a qualified responsible contractor for purposes of being awarded a Parks, Recreation & Forestry contract, the contractor must meet the following criteria. a) The contractor maintains a permanent place of business. b) The contractor is authorized to do business in the State of Wisconsin. Marina Office HVAC and Lighting17 c) The contractor, or agent, partner, employee or officer of the contractor, is not debarred, suspended, proposed for debarment or declared ineligible from contracting with any unit of federal, state or local government. d) The contractor is in compliance with provisions of Section 2000e of Chapter 21, Title 42 of the United States Code and Federal Executive Order No. 11246 as amended by Executive Order No. 11375 (known as the Equal Opportunity Employer provisions). e) The contractor has general liability, workers’ compensation, automobile insurance and unemployment insurance. f) The contractor has complied with all provisions of any prevailing wage laws and federal Davis-Bacon related Acts, and the rules and regulations therein, for projects undertaken by the contractor that are covered by these laws, for the past five (5) years. g) The contractor participates in an apprenticeship program as referred in section 2- 46 9, if the contractor employs more than two (2) employees. h) The contractor has a written substance abuse prevention program meeting the requirements of Wis. Stat. §103.503. i) The employees who will perform work on the project are properly classified as employees or independent contractors under all applicable state and federal laws. j) The contractor has not been the subject to any investigation, order or judgement regarding the construction industry from a state or federal agency or court concerning an employment practice, including but not limited to, classification of employees, unemployment insurance, discrimination or payroll fraud. If the contractor has been the subject of any of the aforementioned, the contractor must provide copies of the investigation, order or judgement and may be disqualified. k) The contractor’s employees who will perform work on the project are: 1) Covered under a current workers’ compensation policy; and properly classified under such policy. 2) Covered under a current health insurance policy as required by federal or state law. l) The contractor possesses all applicable professional and trade licenses required for performing the Public Works. m) The contractor has adequate financial resources to complete the Public Works contract, as well as all other work the bidder is presently under contract to complete. n) The contractor is bondable for the terms of the proposed Public Works contract. Marina Office HVAC and Lighting18  o) The contractor has a record of meeting the criteria which will be considered in determining satisfactory completion of projects and may include, but are not limited to: 1) Completion of contracts in accordance with drawings and specifications; 2) Diligent execution of the work and completed contracts according to the established time schedules unless extensions are granted by the owner; and 3) Fulfilled guarantee requirements of the contract documents. p) The contractor has, and diligently maintains, a written safety program. Section 2-471. No Restriction on Discretion. If information other than what was disclosed by the contractor in section 2-470 is discovered by the city or the department, official or employee responsible for awarding the Public Works contract, and such information calls into question the contractor’s abilities or competence to faithfully and responsibly comply with the terms of a Public Works contract, that information shall be considered in determining whether the contractor is a qualified responsible contractor. Section 2-472. Affidavit of Compliance. In the event a construction management company is to administer the said contract with general contractors, prime contractors or subcontractors of any tier, the construction management firm shall ensure all the rules and regulations contained in this Responsible Contractors Ordinance are followed by all contractors of any tier. The general, prime contractor, or sub-contractor of any tier bidding on a Public Works project must include in its sealed bid: a) Its own affidavit swearing compliance with the criteria set forth in section 2- 470 on the form required by city; and b) An affidavit swearing compliance with the criteria set forth in section 2-470 on the form required by the city from every subcontractor at any tier who will perform work on the project. Failure to submit the required affidavit, or providing incorrect, false, or misleading information may disqualify the contractor’s bid. SECTION 2. All ordinances and parts of ordinances conflicting with this ordinance are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication. Marina Office HVAC and Lighting19 10. CONTRACT Barker’s Island Marina Office HVAC Upgrade and Lighting Replacement 10.1 Preamble This contract made this ___ day of ____, 2022, by and between Central Sheet Metal Works, Inc., a Wisconsin corporation, herein called "Contractor", and the City of Superior, a municipal Corporation, through its Parks, Recreation & Forestry Department, located in Douglas County, Wisconsin, herein called "Owner". WITNESSETH, that the Contractor and Owner for the consideration stated herein, agree as follows: 10.2 Article I - Scope of Work The Contractor shall perform everything required to be performed and shall provide and furnish all the applicable labor, materials, equipment, necessary tools, expendable equipment, insurance provided by the specifications, contributions to social security and all utility and transportation services required to perform and complete in a workmanlike manner the following work: Bid Project: The work consists of revisions and replacement of the existing HVAC systems in the Ship Store and Shop Building. Replace existing lighting and controls in the Ship Store and Maintenance Building. Provide electrical connections to the new mechanical equipment in the Ship Store and Shop Building. These buildings are located at the Barker’s Island Marina, 250 Marina Drive, Superior, Wisconsin. Project is to be completed by December 31, 2022. All work shall be in strict compliance with the Contractor's proposal and other contract documents, herein mentioned as component parts of this contract. 10.3 Article II - Contract Price The Owner shall pay the Contractor for the performance of this contract an amount contained in the proposal for the actual lump sum as proposed. Contractor shall not be entitled to payment for work found deficient or failing to conform to the requirements set forth in this agreement, and is not entitled to further payments until corrected to the satisfaction of the Director of Parks, Recreation & Forestry at the cost of the Marina Office HVAC and Lighting20 Contractor. The City will inform the Contractor of any deficiencies and/or items that do not conform to this contract within thirty (30) days of receipt. Unless otherwise provided in the special provisions, payments are to be made to the Contractor within 30 days of receipt of an approved payment application/invoice on the basis of written approval of estimates by the Owner of the value of the work performed during the preceding billing period. However, in accordance with 66.0901(9) Wisconsin Statutes, owner will retain five percent (5%) of the amount of each such estimate, until the work has been completed. This retainage will be held until completion and acceptance of all work included in this contract. Submission of a final payment application/invoice shall be accompanied by applicable payroll reports and final unconditional lien waivers (from all sub-contractors and suppliers) to the Owner. Prior to release of final payment, the Parks, Recreation & Forestry Department shall review project documents, submitted by Contractor to determine the satisfaction thereof; it will be at the Parks, Recreation & Forestry Department’s sole discretion when the final payment is made. Final payment will be made to Contractor within thirty (30) days of the City’s acceptance of services as complete. The Owner, in case the work under this contract is not completed within the time required or within an extended time approved in writing by the Owner, is authorized to take charge of the work and finish it at the expense of the Contractor and his sureties, and to apply the amount retained from estimates to the completion of the work. 10.4 Article III - Component Parts of this Contract This contract consists of the following component parts, all of which are as fully a part of it as if set out verbatim herein, or if not attached, as if the same were hereto attached: 1. Advertisement to Bid 2. Instructions to Bidders 3. Bid Proposal 4. Subcontractors & Suppliers Listing 5 Addenda Acknowledgment 6. Bid Bond 7. Bidder's Proof of Responsibility 8. Affidavit of Organization and Authority 9. Affidavit of Compliance from Contractor and all Sub-Contractors 10 Contract 10.0 Certificate of Insurance 11. Performance and Payment Bond 12. General Specifications 13. Engineer’s Certificate (as applicable) Marina Office HVAC and Lighting21  14. Special Provisions (as applicable) 15. Contract Change Order 16. Additional Attachments per Index (as applicable) The contract documents form a complete unit and requirements called for by one are as binding as if called for by all. In cases of conflict between plans and specifications, the specifications shall govern. Special Provisions shall control over General Specifications. 10.5 Article IV - Payment for Labor & Materials The Contractor specifically agrees to pay for all claims for labor performed for this project and materials furnished, used and consumed in completing the foregoing contract, together with all items enumerated in Section 779.035, of the Wisconsin Statutes, as the obligation of the Contractor. No assignment, modification or change in the contract, or change in the work covered thereby, or any extension of time for completion of the contract shall release the sureties on the bond. 10.6 Article V – Insurance Within ten (10) days after the execution of the contract, and prior to commencement of any work, the Contractor shall file with the Owner, satisfactory evidence of having adequate worker’s compensation insurance and public liability insurance, both personal and property, as outlined in the General Specifications, section 12.3. 10.7 Non-Discrimination Upon execution of this Agreement, Contractor/Consultant agrees as follows: Contractor/Consultant and all Subcontractors do not discriminate against any employee, applicant for employment, independent contractor, or any other persons because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 10.8 Signatures In Witness Whereof, the parties, intending to be legally bound have executed this agreement the day and year set forth above. SIGNED AND SEALED: COMPANY: Central Sheet Metal Works, Inc ADDRESS: 1225 Ogden Ave, Superior, WI 54880 PHONE: Marina Office HVAC and Lighting22 Name/Title Name/Title ATTEST: CITY OF SUPERIOR, WISCONSIN City Clerk Mayor Assistant Finance Director City Attorney Provision has been made to pay the liability that will accrue under this contract. Approved at the Superior City Council meeting: Marina Office HVAC and Lighting23 11. PERFORMANCE AND PAYMENT BOND (Sample) AIA Document A312™ - 2010 Performance and Payment Bond is the preferred document. All other bonds must be approved by the City. KNOW ALL MEN BY THESE PRESENTS THAT of , and as principal, and of , a corporation and existing under the laws of the State of Wisconsin (hereinafter called Asurety@), as surety are held and firmly bound unto the City of Superior, a municipal corporation, of the State of Wisconsin, in the penal sum of $ Dollars, good and lawful money of the United States of America, to be paid to the City of Superior, Wisconsin, its duly authorized attorneys, agents, officers, successors and assigns for which payment, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the above bound principal has entered into a certain written contract with the City of Superior, Wisconsin, dated this day of , 20___, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of the above obligation is such that if the above bound principal shall well and truly keep, do and perform each and every matter and thing in said contract set forth and specified to be by the said principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the aforenamed City, all loss and damage which said City may sustain by reason of failure or default on the part of said principal and shall pay to every person entitled thereto all claims for labor performed and materials furnished, used or consumed in performing the work provided in said contract including, without limitation because of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for worker’s compensation insurance and contributions for unemployment compensation, then this obligation shall be void; otherwise, it shall be and remain in full force and effect. Contractor Representative Title Insurance Company Representative Attest: Marina Office HVAC and Lighting24 12. GENERAL SPECIFICATIONS 12.1 GENERAL State, Federal and/or grant funds may be used to fund all or part of this contract. The City will not be held liable for any damages incurred due to changes in State, Federal or grant funding, including (but not limited to) a reduction or cancellation of the project. 12.2 SUBSTITUTIONS The following terms shall be substituted in the specifications: a. “Owner” or “City” is the City of Superior. b. “Engineer” is the Contracted Engineer/Architect for the City of Superior or the City Engineer assigned to the project. 12.3 INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City is primary coverage and that any insurance or self-insurance maintained by the City, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. CONTRACTOR—LIABILITY A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products-Completed Operations) per project $2,000,000 4. Products-Completed Operations aggregate $2,000,000 5. Fire Damage limit — any one fire $50,000 6. Medical Expense limit — any one person $5,000 7. Products - Completed Operations coverage must be carried for two years after Marina Office HVAC and Lighting25  acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1- "Any Auto" basis. C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. The umbrella must be primary and non-contributory to any insurance or self- insurance carried by the City. F. Builder's Risk / Contractor's Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB-SUB CONTRACTORS A. Primary and Non-contributory requirement - all insurance must be primary and non- contributory to any insurance or self-insurance carried by City. B. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VII, and who are authorized as an admitted insurance company in the state of Wisconsin. C. Additional Insured Requirements - The following must be named as additional Marina Office HVAC and Lighting26  insureds on all Liability Policies for liability arising out of project work – City of Superior, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 and also include Products - Completed Operations additional insured coverage per ISO form CG 20 37 07 04 or their equivalents for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. D. Deductibles and Self-Insured Retentions - Any deductible or self-insured retention must be declared to and approved by the City. E. Evidences of Insurance - Prior to execution of the agreement, the Contractor shall file with the City a certificate of insurance (Accord Form 25-S or equivalent) signed by the insurer's representative evidencing the coverage required by this agreement. In addition form CG 20 10 07 04 for ongoing work exposure and form CG 20 37 07 04 for products- completed operations exposure must also be provided or its equivalent. Such liability policies shall contain a provision or endorsement covering any contingent liability of the City of Superior. The City is to be shown as “additionally insured” and the project is to be listed on the certificate. The naming of said entities as Certificate Holders will not be acceptable. Certificates of worker's compensation and personal and public liabilities, along with the provision indemnifying the City of Superior must be submitted by the successful bidder. 12.3.5 IDEMNIFICATION Contractor hereby agrees to indemnify, defend and hold harmless the City its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees, costs, and expenses of whatsoever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of Contractor or of anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers. The obligation to indemnify, defend and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, shall be applicable unless liability results from the sole negligence of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers. Contractor shall reimburse the City, its elected and appointed officials, officers, employees, agent Marina Office HVAC and Lighting27  or authorized representatives or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. In the event that Contractor employs other persons, firms, corporations or entities (subcontractor) or volunteers as part of the work covered by this Agreement, it shall be responsibility of the contractor to require and confirm that each sub-contractor enters into an Indemnity Agreement in favor of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement. This indemnity provision shall survive the termination or expiration of this Agreement. 12.4 PERFORMANCE AND PAYMENT BOND Contractor shall execute and furnish a completed PERFORMANCE AND PAYMENT BOND in the total amount of the approved bid, to be supplied to the Owner along with the required signed contract documents. AIA Document A312™ - 2010 is the preferred Performance and Payment Bond document. 12.5 LICENSES, PERMITS AND APPROVALS The Contractor warrants that he is properly licensed, and possesses all the necessary qualifications as required by the federal, state and local laws, ordinances, regulations, etc. prior to commencing work, and shall remain in good standing for the duration of the project. The Contractor is responsible for all local, state and federal permits and approvals which may apply to this project. The fees for local permits will be waived upon receipt of application of such permits and it is noted that the permit late fee of $750.00 per permit, will be the financial responsibility of contractor. Normal local inspections will be required, including final inspection of the project by the applicable local departments. The Contractor shall give all notices required by law and comply with all laws, statutes, ordinances, rules and regulations that affect the conduct and prosecution of the project. The Contractor shall be liable for all violation of the law in connection with work furnished by the Contractor. If Contractor performs any work that it knew or should have known to be contrary to such laws, statutes, ordinances, rules and regulations and without giving notice to the City, the Contractor shall be responsible for all costs arising therefrom. The City will consider no plea of misunderstanding or ignorance of these requirements. Marina Office HVAC and Lighting28 12.6 OBSTRUCTION OF STREETS AND SIDEWALKS The Contractor shall promptly remove any dirt or debris which is caused by its performance of this contract and clean all streets, sidewalks, alleys and public property which are soiled by Contractor’s actions or omissions. If the Contractor shall, in any manner, obstruct a street or sidewalk or other public grounds, they shall erect, install, maintain and pay for barriers and lights to prevent accidents and shall be liable for damages caused by the obstruction and for any damage or disruption to streets, alleys or public grounds which may result from the Contractor’s carelessness in the prosecution of such work in accordance with Section 62.15 (11) of the Wisconsin Statutes. The Contractor shall also be bound by any further requirements of the specifications on this point. 12.7 PROSECUTION AND PROGRESS Upon receipt of "Notice to Proceed" from the Owner, work under this contract shall commence immediately and be completed by December 31, 2022. 12.8 COORDINATION OF CONTRACTORS The City may award or may contract for additional work outside the scope of this contract. The Contractor shall fully cooperate with any other Contractor, City employee, Engineer or designated representative of the City, by scheduling its own work with that to be performed under other Contracts as may be directed by the City. The Contractor shall not commit or permit any act which will interfere with the performance of any other Contractor, agent, City employee, engineer or designated representative as scheduled. Employees of the Contractor must be able to work within a public setting without creating a disruption and conform to all policies, rules and regulations. Contractor shall require that their employees be courteous at all times, not to use loud or profane language, and to work as quietly as possible. Contractor shall require that its employees shall not trespass, loiter, cross property to adjoining premises, or tamper with property not covered by the contract. Contractor agrees to observe and obey all applicable laws, ordinances, rules and regulations promulgated and enforced by the City and by any other proper authority having jurisdiction over the work performed herein. Special Conditions Where special conditions or special purposes require the consideration of deviations from these specifications, any such deviations must be authorized by the Owner. Marina Office HVAC and Lighting29 12.9 CHANGE ORDERS Any change to the signed contract must be approved by Owner, in writing, prior to the commencement of the change (see CONTRACT CHANGE ORDER, Section 15). All changes/amendments/addition/ deletions to the original contract must be described on the Contract Change Order form with necessary increase/decrease in contract price indicated. Change orders will need to include any invoices and supporting documents. These changes will include applicable project extension time requests. Form is to be numbered sequentially and is to be signed by the Contractor and approved by the Owner before proceeding to execute the work. Verbal directions, approvals, conversations or agreements are not permitted in lieu of a written Change Order. Any work conducted outside of the scope of the contract, or in addition to the contract and not authorized through a written Change Order is at the Contractor’s sole cost and expense. 12.10 TIME PENALTIES Should the Contractor fail to complete the work within the time agreed upon under section 12.7 above, or within such extra time as may be allowed by extensions at the discretion of the Owner, the Owner shall be entitled to compensation for damages resulting from the failure of the Contractor(s) to complete the work within the contract period. Such damages shall include, but not be limited to the following: impacts on Owner operations, inconvenience to the public, added cost of engineering and supervision, maintenance of detours and other items resulting from the Contractor’s failure to complete the work within the time specified in the contract. If the damages exceed the balance of monies that would otherwise have been due the Contractor, the Contractor or the Contractor’s Surety shall be responsible for payment of all such damages to the Owner as liquidated damages. All actual damages accruing to the Owner as a result of any delay shall be borne by the Contractor. 12.11 GUARANTEE The Contractor shall assume responsibility for all defects which may develop in any part of the bid project caused by faulty workmanship, material or equipment and agrees to replace any such faulty workmanship, material and equipment, during the period of two (2) years from date of final acceptance of the work without cost to the Owner. Contractor shall coordinate any manufacture’s warrantees for the Owner during the two year period, without any cost to the Owner. Marina Office HVAC and Lighting30  Acceptance of the plan shall not waive this guarantee. Final acceptance shall be determined as date of letter from Owner or Engineer approving final payment. Contractor is responsible for coordinating manufacturer warrantee replacements should problems arise in the guarantee period. Warrantee period shall begin upon contractor receipt of final payment, unless otherwise agreed upon in writing by the Owner. 12.12 AS-BUILTS and WARRANTY DOCUMENTS – as applicable Within ten (10) days of substantial completion and prior to final payment by the Owner, the Contractor is to supply the Owner with project “as-builts” and all product warranty information. As-builts must be submitted in CAD, GIS or adobe file format or other format agreed upon by Owner. 12.13 CONTROL OF THE WORK – as applicable MANY UTILITY OWNERS HAVE EXISTING FACILITIES NEAR OR AT THE LOCATION OF THE WORK REQUIRED UNDER THIS CONTRACT. The Contractor shall contact Diggers Hotline at 1-800-242-8511 to determine locations are safe and will make any adjustments recommended by the locator prior to performing any excavation operations under this contract. 12.14 SCOPE OF WORK The scope of work for this project shall be in accordance set forth in the Special Provisions. The Contractor shall be responsible for the maintenance of traffic. The Contractor shall provide, erect and maintain all barricades. 12.15 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC The Contractor shall work in cooperation with utility companies in the protection of water and gas mains and other utilities that may be within the limits of construction. It shall be the duty of the Contractor to notify the utility company or companies involved before starting work on this project. Marina Office HVAC and Lighting31  All necessary work of adjusting any underground relocation will be performed by their owners, unless otherwise shown on the plans. The work to maintain and/or adjust these utilities shall be considered incidental to the project. The Superior Water, Light and Power Company will relocate any power poles or fire hydrants during construction operations, unless otherwise noted in the special provisions or if a cooperative agreement is established with Superior Water, Light and Power Company. The City of Superior has authority over all sanitary and storm sewers. The Superior Water, Light and Power Company will adjust all water shutoffs and gas shutoffs during construction. 12.16 SAFETY AND SECURITY The Contractor shall at all times perform in a safe and workmanlike manner to avoid injury or damage to any person or property. The Contractor shall comply with all requirements and specifications relating to the safety, health and sanitation measures applicable to the project. The Contractor shall exercise all necessary precautions for the safety of its employees, and be in compliance with all applicable federal, state and local laws, statutes, ordinances, rules and regulations, including, but not limited to, the Wisconsin Labor Code, The U.S. Department of Transportation Omnibus Transportation Employee Testing Act, and OSHA standards. The contractor shall provide all necessary safeguards, devices and protective equipment, including but not limited to adequate life protection and lifesaving equipment, and shall ensure the proper inspection and maintenance of safety measures are current and in compliance. The City may halt construction on any project where appropriate safety measures and equipment are not being used or any safety regulations are not being followed. Work will not be permitted to resume until required safety provisions have been made and delays as a result of this provision will not be considered a basis for an increase in the contract price or an extension of the completion deadline. 12.17 PRE-CONSTRUCTION CONFERENCE A preconstruction conference will be scheduled by the Owner or the Engineer prior to work commencing. 12.18 PROJECT DOCUMENT SUBMISSIONS As a condition of final payment, the following documents must be submitted and accepted by the Marina Office HVAC and Lighting32 City: a. Lien waivers – final unconditional lien waives from each sub-contractor and/or supplier must be submitted to the City. b. As-builts & product warranties – as noted in Section 12.12, these documents must be submitted to City. c. Retainage – Contractor’s final invoice is to indicate the balance of work completed and/or the total amount of retainage due the Contractor. d. Local inspections – final inspection reports must be submitted to the City. e. Project completion documentation – written documentation from the project engineer confirming the completion of the project. Marina Office HVAC and Lighting33 13. ENGINEER CERTIFICATION See Page 1 of Plans Marina Office HVAC and Lighting34 14. Special Provisions All Special Provisions for this project are contained in the Plan Drawings. Marina Office HVAC and Lighting35 15. CONTRACT CHANGE ORDER Barker’s Island Marina Office HVAC Upgrade and Lighting Replacement Change Order No._______________________________ Contractor: Name______________________________ Address____________________________ Item DECREASE INCREASE No. Description of Change in contract price in contract price ---- Total DECREASE in contract price XXXXXXXXXX ---- Total INCREASE in contract price XXXXXXXXXX ---- NET decrease/increase in contract price - + The current contract total is $ . The sum of $ is hereby added to/deducted from the total contract price and the total adjusted contract price is thereby $ . Change orders over $5,000.00: City Finance Department Initial:_________ The time provided for completion of the contract is (check one): _ unchanged increased by calendar/working days decreased by calendar/working days Necessity for change: This document shall become an amendment to the contract and all provisions of the contract will apply hereto. Change order recommended by: Date:_____________ (City, Company, engineer, contractor - circle one) Change order accepted by: Date:______________ (contractor) Change order approved by City of Superior: Date:___________ Marina Office HVAC and Lighting36